1.2 The Development of the Constitution Since 1997 Blair

Question 1

Why did Blair consider the British constitution in desperate need of repair?

Answer 1

1. Power was too centralised in Westminster.
   2.Rights of the citizens were not sufficiently protected.
2. Government was remote and unaccountable, the public had become disengaged from politics.

Question 2

What were Blair’s main themes for constitutional reform?

Answer 2

1. Decentralisation
2. Modernisation
3. Human Rights
4. Centralisation
5. Democratisation

Question 3

Devolution Wales and Scotland: Blair

Answer 3

1. 1997 referendums in Wales and Scotland whether they wanted their own elected governments.
2. Wales small margin, Scotland large
3. Scotland got primary legislative powers, the rest got secondary
4. By giving them this opportunity, they recognised that they had been governed by Conservatives from 79-97 primarily voted Labour

Question 4

Devolution Northern Ireland:

Answer 4

1. 1998 Good Friday Agreement, Northern Ireland voted in favour of having their own devolved government.
2. As part of it they voted in favour of power being shared between unionists and republicans

Question 5

Devolution State: Blair Pros and Cons

Answer 5

1. This gave the electorate more say in how their countries say on how their country is run.
2. The mayor creates more accountability in the government and has control over transport and policing.
3. This also gave greater rise to nationalism, in 2014 there was a referendum on if Scotland should be independent.

Question 6

Devolution Blair: Local Government

Answer 6

Local Government Act 2000 enabled local authorities to offer their voters a referendum, whether they wanted their own directly elected mayors.

Question 7

Devolution Blair: Local Government Stats

Answer 7

1. Failed to invigorate democracy in the way that was intended
2. London Mayor election 2024 had a turnout of 40.5%.
3. By 2022, the electorate rejected the opportunity to have a mayor in 37/54 referendums.

Question 8

Modernisation HoL: Blair

Answer 8

1. In 1999, 1,330 peers were eligible to attend the House of Lords.
2. Persuaded them to accept this reform by allowing them to elect 92 of their number that would continue to sit in the House of Lords. The only democratic element of the House of Lords.
3. This only changed only the membership of the House of Lords, and did not change the House of Lords.
   Since the life peers are appointed by merit, they can claim more legitimacy, but still lacks democratic legitimacy

Question 9

Tony Blair and Cronyism:

Answer 9

1. Appointed 374 life peers in 10 years. 162 Labour
2. Conservative Leader William Hague accused him of making a ‘house of cronies’
3. 2006 questioned by the police that Labour donors had been awarded life peerages.
4. ‘Cash for honours’ scandals

Question 10

Modernisation Supreme Court Problems: Blair

Answer 10

1. The judiciary should be independent, but there were many anomalies.
2. The Lord Chancellor was the head of the judiciary, member of the cabinet and presided over the House of Lords. 3. The most senior judges also sat in the House of Lords, making it the final court of appeal.

Question 11

Modernisation Supreme Court Solutions: Blair

Answer 11

1. Ended the House of Lords’ judicial function and the members dispensed justice in a more transparent way.
2. To make the appointment of judges more transparent the Lord’s
3. Chancellor’s rights to nominate judges was transferred to the JAC.
4. The Lord Chancellor’s role presiding over the House of Lords was removed.

Question 12

Human Rights Act Blair

Answer 12

1. In 1998, the HRA was enacted which incorporated the European Convention on Human Rights into British Law.
2. Came into force in 2000.

Question 13

Examples of the HRA used:

Answer 13

1. Right to a private life, freedom of expression (Article 8 police illegally stop 130 anti-Iraq War protesters from reaching RAF Fairford).
2. In HT v Home Office (2010) Lord Hope used the HRA to argue the Home Office had been wrong to deny asylum to two gay people trying to escape persecution; they did not have to suppress who they are.

Question 14

Can the HRA be repealed and what could the judiciary do about it?

Answer 14

1. It is an Act of Parliament, it does not represent a higher form of constitutional reform. This means that they can repeal the law and enact legislation that conflicts with it.
2. The judiciary could issue a formal statement of incompatibility, but the new law would still stand.

Question 15

Conflict between the HRA and judiciary example:

Answer 15

1. Following the 9/11 attacks, Blair suspended Article 5 (right to liberty to keep foreign terrorist suspects in custody without charge).
2. Anti-terrorism, Crime and Security Act 2000, can keep foreign terrorist suspects in prison indefinitely. Judges released a formal statement declaring that it was contrary to Article 14, freedom from discrimination. Ignored the ruling at first, then released them because of unfavourable publicity.

Question 16

Democratisation Electoral Reform: Blair

Answer 16

1. As leader of the opposition, Tony Blair had expressed interest in electoral reform, but the massive majority in the 1997 election diminished his enthusiasm.
2. The government tasked Roy Jenkins to investigate an alternative for FPTP.
3. They used new electoral systems in the new devolved governments. The Scottish Parliament and the Welsh assembly would be elected through AMS and the Northern Ireland assembly through STV.

Question 17

Democratisation Electoral Reform: Blair Pros and Cons

Answer 17

1 Only changed the voting system in the devolved governments that hold less power than Westminster.
2. Could be putting political expediency (what is advantageous rather than what is moral) before principle.